Labor and Employment - Risk Pools and Public Entities Experience

Background with Risk Pools/Public Entities

Our Group represents 68 municipalities in Arizona that belong to a risk pool. We have had a 25-year relationship with the risk pool and its members, defending their employment claims from the EEOC charge stage – all the way through appeal. The pool’s risk management company has selected Lewis and Roca as its exclusive employment counsel. Under this arrangement, we have defended pool members against every type of discrimination and wrongful discharge claim, and, because the members are public entities, we have extensive experience in public employment law. For example, we have litigated § 1983 claims, successfully defended claims based on Arizona’s open meeting law, public records act, executive and legislative privilege, and state-specific due process requirements.

We also represent several colleges and dozens of school districts in defense of employment claims. One of the community college districts that we represent is the second largest in the country. In the past two years, we also have been retained individually by municipalities to conduct over 70 administrative appeals and due process hearings when the cities terminate employees (when the hearing is not covered under the policy). The cities have found, and the carrier agrees, that this proactive approach has substantially reduced post-termination constitution claims.